Steve Calcagno v Norma Maree Dent (No. 2) [2016] NSWDC 20

Steve Calcagno v Norma Maree Dent (No. 2) [2016] NSWDC 20

The court was not persuaded that the pleaded issue regarding the left blinker was a discrete issue or that it caused additional costs, nor was the amendment to the pleading so substantial as to justify a special costs order. All issues were inseparable, and the usual rule that costs follow the event should apply.

Parties
Plaintiff: Steve Calcagno; Defendant: Norma Maree Dent
Jurisdiction
Australia
Judgment Date
04 March 2016
Procedural Posture
Civil / Costs Application Following Principal Judgment
Outcome
Defendant's application for special costs order dismissed
Legal Topics
Costs, Special Costs Orders, Amendment of Pleadings
Civil Procedure Costs Special Costs Orders Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Steve Calcagno

Plaintiff

Norma Maree Dent

Defendant

Procedural Posture

Civil / Costs Application Following Principal Judgment

Legal Issues

  1. 1 Whether the plaintiff, who was successful in the principal proceedings, lost on a discrete issue warranting a special order for costs
  2. 2 Whether a late amendment justified a special order as to costs

Ratio Decidendi

The court was not persuaded that the pleaded issue regarding the left blinker was a discrete issue or that it caused additional costs, nor was the amendment to the pleading so substantial as to justify a special costs order. All issues were inseparable, and the usual rule that costs follow the event should apply.

Court Disposition

Defendant's application for special costs order dismissed

Orders

  • The defendant's application for a special order as to costs is dismissed.
  • The defendant is to pay the plaintiff's costs of the application on an ordinary basis.